Legislators returned to Raleigh for what turned into a contentious week with new legislative districts in the works, and an unexpected budget veto override vote in the House that caught Democrats off guard and feeling misled.
Budget Veto Override
In what Democrats are calling an ambush, the House voted 55 to 15 to override Governor Cooper’s veto of the budget. The vote took place at an 8:30 a.m. session on Tuesday, with 40 Democrats absent, believing that no votes would be taken at that time. House Minority Leader Darren Jackson held a press conference shortly after the vote, criticizing the Republicans for using a dishonest move to get their way. He claimed that Rules Chairman, Representative David Lewis, had told him the day before that no votes would be taken at the 8:30 a.m. session, and so he informed his caucus that they did not need to attend. Representative Lewis claims that Representative Jackson only asked about two bills added to the calendar and wanted time to caucus before votes on those two bills. Speaker Moore said in a press conference later that day that the override was properly noticed and that he had told the members numerous times that he would call the vote on the override if he ever had the numbers. The House also overrode Governor Cooper’s veto of a controversial mini budget bill, House Bill 555, which allocates funds for Medicaid Transformation, the State’s movement to capitated Medicaid contracts. The Senate still has to override these bills for them to become law.
Governor Cooper criticized the move as deceptive and called it a new low. The Governor hopes that the Senate Democrats will stand firm on the veto, however, Republicans in the Senate only need to flip one Democrat to override. This move has led to both sides criticizing the other, and trust has been destroyed between the two parties. Some have compared the move to a controversial 2005 vote for the NC Education Lottery when several members were absent, and that move is still brought up today, nearly 15 years later. Protesters calling for Speaker Moore’s resignation were present at the Legislative Building the day after the vote, chanting “shame” and holding signs that read “Shame on Speaker Moore.”
Senate President Pro Tem Phil Berger has indicated that the Senate will not immediately take up the override, and that they will remain solely focused on redistricting and complying with the court’s order.
WRAL: https://www.wral.com/unprecedented-not-really-but-house-s-budget-veto-override-almost-defies-comparison/18627732/
WRAL: https://www.wral.com/how-dare-you-do-this-mr-speaker-in-surprise-move-house-overrides-budget-veto/18626626/
Congressional Special Elections
North Carolina held special elections in the Third Congressional District and the Ninth Congressional District this Tuesday. State Representative Greg Murphy won in the Third with 61.74% of the vote, and State Senator Dan Bishop won in the Ninth by a narrow margin, receiving 50.74% of the votes. The special election in the Third was ordered after longtime Congressman Walter Jones passed away. The Ninth District election was the result of an election fraud investigation by the Board of Elections, which ultimately ordered a new election after concluding that the absentee ballot fraud was widespread enough to affect the election outcome. Republican Mark Harris, who originally won the Ninth District election and employed the political operative at the center of the investigation, chose not to run in the special election, citing health concerns. The special elections gained national attention as both political parties looked to the elections to give them insight into trends for the 2020 elections. President Trump and Vice President Pence even made stops in North Carolina to help Bishop and Murphy campaign in the days leading up to the election.
WRAL: https://www.wral.com/gop-holds-two-us-house-seats-in-special-elections/18623914/
Redistricting Process
The House and Senate both began working though the redistricting process this week after a three judge panel recently ruled that the current legislative maps are unconstitutional. The court found that the maps were created with partisan intent and discriminated against Democrats by forcing them into districts where they are not allowed to elect the candidate of their choice. The Superior Court Judges have given the General Assembly until September 18 to redraw the maps, and specified that the old districts cannot be used as a starting point. Both chambers are using maps created by Jowei Chen as an expert witness for the plaintiffs in the case that led to the maps being thrown out. Chen created 1,000 maps, but the legislature is picking the top contenders to be considered as a starting point. The Senate narrowed their selection down to five maps, and, in a legislative first, used the State Education Lottery machine to randomly section one out of the five. Both chambers are expected to vote on their maps next week after a joint public hearing at noon on Monday. Once approved, the maps will be reviewed by the same three judge panel that invalidated the old maps.
Ruling: https://www.documentcloud.org/documents/6380175-18-CVS-14001-Final-Judgment.html#document/p7/a522617
WRAL: https://www.wral.com/new-ncga-maps-to-court-next-week/18633279/
Senate Redistricting and Elections Committee Documents:
https://www.ncleg.gov/Committees/CommitteeInfo/SenateStanding/154#Documents
House Redistricting Committee Documents: https://www.ncleg.gov/Committees/CommitteeInfo/HouseStanding/182#Documents
Former NC Supreme Court Justice I. Beverly Lake Jr. Passes Away
Former North Carolina Supreme Court Chief Justice I. Beverly Lake Jr. died Thursday, September 12, 2019. Lake served on the NC Supreme Court for 12 years, and led the Court from 2001 to 2006, and had previously served as a state senator. During his time on the bench, Justice Lake gained the reputation as a "law-and-order conservative.” His long career of public service includes many achievements, however, most notably are the contributions he made to criminal justice reform. In 2002, while serving as Chief Justice, he began the effort that would create the North Carolina Innocence Inquiry Commission in 2006, the first of its kind in the nation. The Commission consists of a superior court judge, a prosecuting attorney, a defense attorney, a victim advocate, a member of the public, a sheriff, and two discretionary members, and works to review post-conviction claims of innocence in North Carolina. Justice Lake joined Nexsen Pruet's Raleigh office in 2011.
News & Observer: https://www.newsobserver.com/news/politics-government/article235018427.html
2019 Session Laws
The following 218 bills have become law this session:
- SB 7: Bipartisan Ethics Appointments
- SB 75: Restore Ct. of Appeals Membership
- SB 77: Ag Disaster Fund/Certain Counties
- SB 214: Ensure Orderly 2019 Elections
- SB 12: Fill Certain Vacancies/Alexander & Burke Co.
- SB 56: Revenue Laws Technical Changes
- SB 4: Extend Terms of 2 Members/Coastal Carolina CC
- SB 272: Zoning for University Facilities-Durham
- SB 6: Dare County/CC Construction Funds
- SB 162: Loan Origination/Late Payment Charge Changes
- HB 263: Fill Vacancies/Modify 2018 Appointments
- SB 63: City of Kannapolis/Annexation
- HB 130: Allow Game Nights
- SB 505: Rural Job Retention Act
- SB 605: Highway Storm Recovery Act
- HB 1014: 2020 Census VTD Verification Program
- SB 310: Electric Co-Op Rural Broadband Services
- HB 363: Craft Beer Distribution & Modernization Act
- HB 233: State Auditor/Local Finance Officer Amends
- HB 532: DNCR Add New Trails & Various Changes
- HB 388: Immunizing Pharmacists
- HB 646: ID Approval/Flex Muni One-Stop
- HB 70: Delay NC HealthConnex for Certain Providers
- HB 9: Bessemer City Charter Amendment
- HB 201: Randolph Co. Register of Deeds Tax Cert
- SB 252: Dental Bill of Rights
- SB 138: Even-Yr Municipal Elections/Town of Black Mtn.
- SB 139: Even-Yr. Municipal Elections/Town of Montreat
- HB 336: Extend Suspension of Spencer Mountain
- SB 235: Franklin/Nash Municipalities/Unfit Dwellings
- SB 30 Stanly CC/Contracting Date Extension
- SB 381: Reconstitute/Clarify Boards and Commissions
- HB 301: CIP Revisions/Juvenile Code
- HB 179: Mini-Truck Classification
- HB 131: Repeal Map Act
- HB 82: Railroad Crossings/On-Track Equipment
- SB 648: Support Shellfish Aquaculture
- SB 448: Amend Appt For Compact on Education/Military
- SB 255: State Board Construction Contract Claim
- SB 151: Break or Enter Pharmacy/Increase Penalty
- HB 617: Allow Repeat Referral to Teen Court
- HB 578: Modify Legitimations Provisions
- HB 548: Modify Physical Therapy Definition
- HB 383: Topsail Beach Charter/Board Vacancies
- HB 1016: UNC Boards of Trustees Appointments
- HB 1017: Special Master Wake House Plan
- HB 415: Photos of Juveniles/Show-Ups
- SB 148: Public Records/Release of LEO Recordings
- SB 11: ABC Regulation and Reform
- SB 466: EDPNC Modifications
- HB 57: Create Term for Public Schs. & Codify NCVPS
- HB 389: ABC/Univ Athletic Facility
- HB 531: Tenants at Foreclosure Act Restored
- HB 658: Allow Donations of Unexpired Drugs
- HB 664: myFutureNC/Postsecondary Attainment Goal
- HB 432: Water/Sewer to Contiguous Dwelling Units
- HB 219: NAIC Accreditation Amendments.-AB
- SB 80: China Grove Satellite Annexation
- SB 242: Recreational Land Fee Changes
- SB 227: TP3/Principal Fellows Consolidation
- SB 84: Walkertown Zoning Authorizations
- SB 262: Union/Prohibit Certain Hunting Acts
- SB 674: Surry Co./Mt. Airy/Elkin City/Bd. Ed Partisan
- HB 15: Lexington/Dissolve Utilities Commission
- HB 240: Albemarle/City Labor for Business Ctr
- HB 299: Henderson Cty/Build Community College Bldgs
- HB 6: Burlington Airport/Lease/Contract Authority
- SB 225: Repeal Tuition Surcharge
- HB 537: Hwy Use Tax Vehicle Subscriptions
- HB 934: Right to Try Adult Stem Cell Treatments
- SB 219: Modify Teacher Licensing Requirements
- SB 55: Continuing Education for General Contractors
- SB 483: Vacation Rental Act Changes
- SB 610: Authorize Northern Peaks Trail
- SB 95: Veterans Memorial Funds/Do Not Revert
- SB 556: GSC People First Language 2019
- SB 529: Fees/Returned Checks
- SB 88: Electrician Requirements for Certain Orgs
- SB 313: Guar. to Streamline Afford. Housing
- SB 127: Protect Governmental Accountability
- HB 656: Medicaid Changes for Transformation
- HB 924: Teacher Contract Changes
- HB 474: Death by Distribution
- HB 67: Road Barrier Prohibition
- HB 310: Clarify Insurance Prod'r Crim. Bckgrd Check
- HB 812: Nutrient Offset Amendments
- HB 886: Study Participation of Operators in NC Pre-K
- HB 529: Utilities/Water and Wastewater Consumption
- HB 917: Emergency Declaration/Clarify Rd Closure
- HB 747: NC Missing Person Information Sharing
- HB 770: Freedom to Work/OLB Reform
- HB 871: Fair Contracts
- HB 4: Claremont Deannexation
- HB 52: Wrightsville Beach Local Act Amendment
- HB 204: Town of Beaufort/Annexation
- HB 349: Wilkes County Fire Tax-Procedure
- HB 489: Lincolnton-Lincoln County Airport Authority
- HB 80: Roanoke Rapids Lake/Unattended Equip
- HB 237: Brunswick County Zoning Procedure Changes
- HB 368: Bermuda Run/Speed Restrictions
- HB 98: Macon/Clay/No Right-of-Way Spotlighting
- HB 134: Filling Vacancy/Onslow County Board of Comm
- HB 170: Various Satellite Annexations
- HB 187: Amend Town of Elon Charter/Parking Ordinances
- HB 285: City of Sanford/Town of Beaufort/Vol Annex
- HB 239: Pitt County Animal Control Records
- HB 324: Local Hunting Omnibus
- HB 429: Navigable Waters/Manteo/Hyde
- SB 191: Out-of-State Law Enforcement/2020 Rep Convtn
- SB 399: Rehire High-Need Teachers
- SB 355: Land-Use Regulatory Changes
- SB 378: Local Economic Development Modifications
- SB 394: Changes to Estates & Trusts Statutes
- SB 311: Massage Board Membership
- HB 257: Motorcycles/Face Masks
- HB 224: Assault w/ Firearm on LEO/Increase Punishment
- SB 594: Register of Deeds Updates
- SB 525: Textile Hist. Site/Operate SE NC Museum
- SB 220: Removal of Political Signs by Citizens
- SB 500: Modify Advanced Math Course Enrollment
- SB 186: Beaufort-Morehead Cty Airport Authority/Amend
- SB 686: Appointments Bill 2019
- HB 492: Simplify Builder Inventory Exclusion
- HB 402: UNC Capital Projects
- SB 384: Clarify Motor Vehicle Dealer Laws
- HB 761: Clarify Wastewater Permitting Liability
- HB 758: MSD Expansion and Governance/DACS Study
- HB 755: Travel Insurance Amendments
- HB 735: Adopt Rules Incorporating 2017 Food Code
- HB 629: Law Enforcement Mutual Aid
- HB 495: No Municipal Reg/Off-Site Wastewater Systems
- HB 329: Renewable Energy Amends
- HB 156: Swain County Settlement Trust Fund
- HB 138: Damage Jail & Prison Fire Sprinkler/Penalty
- HB 106: Inmate Health Care & 340B Program
- HB 18: Allow Absentee Ballots/Fire District Election
- HB 757: Pender County/Butner Property Transfers
- SB 535: Authorize State Park/Clarify Corps Name
- HB 668: Various Higher Education Changes
- HB 590: Amend Administrative Procedure Laws
- SB 444: Allow Use of Oyster Shells As Serving Dishes
- HB 411: Modify School Qual./Student Success Indicator
- SB 210: Organ & Tissue Donation/Heart Heroes
- SB 316: Affordable Housing
- SB 297: Cancer Research Advisory Panel
- SB 462: Modifications to NC Appraisal Board
- SB 508: Civil Procedure/Deponent Declaration
- SB 606: Prioritize Native NC Plants on Highway ROW
- HB 107: PED Oversight/EPP Changes
- HB 323: Assess Costs of Local LEO Crime Lab Analysis
- HB 268: Amend On-Site Wastewater Laws/Misc. TC
- HB 243: State Human Resources Act Amendments.-AB
- HB 337: Change Salvage Vehicle Transfer Requirements
- HB 362: 15-Point Scale For School Performance Grades
- HB 546: Prohibit Counterfeit/Nonfunctional Airbags
- HB 620: Street Database/Manual/Public Record Except
- SB 29: Move Over Law/Increase Penalties/Amber Lights
- HB 198: Human Trafficking Commission Recommendations.-AB
- HB 325: Opioid Epidemic Response Act
- SB 194: West Jefferson/Saluda Satellite Annexations
- SB 420: NC Servicemembers Civil Relief Act
- SB 218: Clarify State Recognition - Lumbee Indians
- SB 145: Allow Sports/Horse Race Wagering Tribal Lands
- SB 332: Civil Procedure/Limitations/Land Surveyors
- SB 343: Various Education Law Changes
- SB 391: Expand Youth Internship Opportunities
- SB 478: Modify Appointment Reporting
- SB 493: DVPO Abuser Treatment/Time of Expiration
- SB 523: Laws Clarifying & Administrative Changes
- SB 604: Amend NC Veterinary Practice Act
- SB 108: PED/Safekeeper Health Care Cost Recov. Pract
- HB 469: Various Family Law Changes
- HB 628: 2019 Banking & Mortgage Corrections & Changes
- HB 675: 2019 Building Code Regulatory Reform
- HB 50: Allow Hyperbaric Oxygen Therapy for TBI/PTSD
- HB 922: Enhance Insurance Coverage/Educ. Buildings
- HB 264: GSC Technical Corrections 2019
- SB 532: Amends Probate/Trusts/Wills Choice of Law
- HB 220: Insurance Technical Changes.-AB
- SB 302: Update ACH Svc & Care Plan/Bd of Nursing
- SB 385: Clarify/Auto Dealers Regulatory Req
- SB 290: ABC Regulatory Reform Bill
- SB 9: Female Genital Mutilation/Clarify Prohibition
- SB 301: Regional School Modifications
- SB 366: 9th/10th Grade/College Transfer Pathways
- SB 413: Raise the Age Modifications
- SB 498: Facilitate Response to Disasters
- HB 724: Truth in Caller ID Act
- HB 872: Underground Utility Safety Act/Changes
- SB 190: Expand Special Assessments for Dam Repair
- HB 228: Modernize Laws Pertaining to NC Medical Board.-AB
- HB 961: Ensuring Authorization of Federal Funds
- HB 760: Expand Loss Prevention Investigations
- HB 391: Passenger Protection Act
- HB 590: Modify Continuing Ed for Real Estate Brokers
- SB 321: Federal Motor Carrier Safety/PRISM
- SB 68: Relocation of Water/Sewer Line Costs
- SB 584: Criminal Law Reform
- HB 206: Various Transportation Changes
- HB 217: DIT Changes.-AB
- SB 230: NC Military and Veteran Act of 2019
- SB 86: Small Business Health Care Act
- HB 99: Transfer ALE/Move Boxing Advisory Commission
- HB 597: Wildlife Resources Commission Amends
- HB 604: Small Business Retirement Program
- HB 55: Cleveland County/Sheriff Vacancies
- HB 554: Funeral Practice Licensure Tech. Corrections
- HB 609: Salary Increases/Adult Correctional Employees
- HB 226: Pay Increases/State Employees
- HB 126: Pay Increases/State Highway Patrol
- HB 777: Pay Increases/SBI & ALE
- SB 621: Testing Reduction Act of 2019
- HB 449: Handicapped & Special Registration Plates
- SB 600: Vets Children/Short-Term Workforce Training
- SB 353: Amend Cartway Path/Septic Tank Laws
- SB 682: Implement Crime Victim Rights Amendment
- SB 574: Study Establish Gaming Comm/Sports Betting
- SB 270: Durham Deannexation